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VALLERO v. BURLINGTON NORTHERN R. CO.

No. 89-1169.

749 F.Supp. 908 (1990)

Albert A. VALLERO, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant. BURLINGTON NORTHERN RAILROAD COMPANY, Third Party Plaintiff, v. Rod DORMAN and Stephan Rossell, Third Party Defendants.

United States District Court, C.D. Illinois, Peoria Division.

November 2, 1990.

Attorney(s) appearing for the Case

William G. Jungbauer, Minneapolis, Minn., Nicholas H. Ores, Peoria, Ill., for plaintiff.

John Newell, Chicago, Ill., for defendant.

Brian Mack, Wayne L. Hanold, Peoria, Ill., for third party defendants.

ORDER

MIHM, District Judge.

Pending before the Court are motions by Third Party Defendants to dismiss both the Third Party Complaint and the Plaintiff's Amended Complaint against them for lack of subject matter jurisdiction. For the reasons stated below, these motions are denied.

FACTUAL BACKGROUND

On May 6, 1988 a Burlington Northern Railroad ("Burlington") train was traveling eastbound near Kewanee, Illinois. Plaintiff Albert Vallero...

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